A review of the case, if granted, would be conducted by a Texas court, she said. During his trial, Tercero testified that he and Berger – who was in a dry cleaning shop with his three-year-old daughter – had struggled over the gun before it accidentally discharged. His attorneys asked a federal court Monday to halt the punishment, contending Tercero was delusional and mentally incompetent for execution. Mr. Tercero’s legal claims have been rejected by both state and federal courts on at least five occasions.
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Human rights campaigner Bianca Jagger is a vocal opponent of capital punishment.
Nicaraguan national Bianca Jagger, a campaigner for the abolition of the death penalty, has been vocal in calling for Tercero’s clemency. State attorneys opposing a reprieve argued that reports of Tercero’s mental illness didn’t surface this year until his execution order was signed in May.
Church leaders in the predominately Catholic country have also made an appeal. Had that evidence been presented by his trial lawyers, they say, the jury might not have sentenced Tercero to death.
The death chamber inside the Huntsville Unit in Huntsville, Texas.
Last week, the Inter-American Commission on Human Rights said it determined that the United States had violated Tercero’s rights, saying that as a foreign national, Tercero should have been able to contact a consulate and seek assistance.
According to the Death Penalty Information Center, there have been 19 executions this year in Missouri, Oklahoma, Georgia and Florida.
The U.S. Supreme Court ultimately rejected the appeal and Tamayo, who was convicted of killing a Houston police officer, was put to death by lethal injection. He had reportedly apologized for his crime and said he wanted to die.
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The state of Texas now has six executions scheduled to take place by the end of the year. At least eight other prisoners have execution dates scheduled for the remainder of 2015.
